Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
HB48 by Keel (Relating to disposal of an exhibit in a capital case.), As Introduced
No fiscal implication to the State is anticipated.
The bill would amend the Code of Criminal Procedure by placing a restriction on the death penalty for a defendant who at the time of commission of a capital offense was a person with mental retardation. Provisions of the bill would specify the definition of mental retardation, the hearing process to determine whether the defendant was a person with mental retardation at the time of the offense, burden of proof, sentencing alternatives and appointment of disinterested experts. The Office of Court Administration anticipates no fiscal impact to the State from implementation of the bill.
Local Government Impact
No significant fiscal implication to units of local government is anticipated. Because the bill would allow clerks to dispose of exhibits in certain capital cases, the resultant savings in storage space would result in some small positive impact on local government.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council